282cc06c49
Attachment v. 1.0 (yes, that is actually the full name) used by lang/jini (should have added this a long time ago)
792 lines
40 KiB
Text
792 lines
40 KiB
Text
Jini Technology Specific Attachment v 1.0
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(SCSL3/Jini TSA 1.0)
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Contents
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I. Definitions
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II. Purposes
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III. Research Use Rights
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IV. Restrictions & Community Responsibilities
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V. Governance
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Attachment A-1: Community Member Certificate
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Attachment A-2: Student Acknowledgment
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Attachment B: (Additional Terms/Responsibilities)
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Commercial Use Supplement to Sun Community Source Code License
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Technology Specific Attachment to the Sun Community Source License
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I. DEFINITIONS
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"Community Code" means Reference Code, Contributed Code, and any combination
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thereof.
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"Community Member" means You, Original Contributor and any other party that
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has entered into and has in effect a version of this License (or who is
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similarly authorized and obligated by Sun) for the Technology with Original
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Contributor.
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"Contributed Code" means Error Corrections, Shared Modifications and any other
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code other than Reference Code made available to all Community Members in
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accordance with this License.
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"Contributed Code Specifications" means the functional, interface and
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operational specifications and documentation for Contributed Code.
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"Contributor" means any Community Member who makes available Contributed Code.
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"Covered Code" means any and all code (including Modifications) implementing
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all or any portion of the Technology Specifications.
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"Error Correction(s)" mean Modifications which correct any failure of
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Community Code to conform to any aspect of the Technology Specifications.
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"Interfaces" means classes or other programming code or specifications
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designed for use with the Technology comprising a means or link for invoking
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functionality, operations or protocols and which are additional to or extend
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the interfaces designated in the Technology Specifications.
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"Modifications" means any (i) change or addition to Covered Code, or (ii) new
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source or object code implementing any portion of the Technology
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Specifications, but (iii) excluding any incorporated Reference Code.
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"Original Contributor" means Sun Microsystems, Inc., its affiliates,
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successors and assigns.
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"Reference Code" means source code for the Technology designated by Original
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Contributor at the Technology Site from time to time.
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"Research Use" means research, evaluation, development, educational or
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personal and individual use, excluding use or distribution for direct or
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indirect commercial (including strategic) gain or advantage.
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"Shared Modifications" means those Modifications which Community Members elect
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to share with other Community Members pursuant to Section III.B.
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"Technology Specifications" means the functional, interface and operational
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specifications and documentation for the Technology designated by Original
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Contributor at the Technology Site from time to time.
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"Technology" means the technology described in and contemplated by the
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Technology Specifications and which You have received pursuant to this
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License.
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"Technology Site" means the website designated by Original Contributor for
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accessing Community Code and Technology Specifications.
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"You" means the individual executing this license or the legal entity or
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entities represented by the individual executing this license. "Your" is the
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possessive of "You."
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II. PURPOSES
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Original Contributor is licensing the Reference Code and Technology
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Specifications and is permitting implementation of Technology under and
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subject to this Sun Community Source License (the "License") to promote
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research, education, innovation and product development using the Technology.
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COMMERCIAL USE AND DISTRIBUTION OF TECHNOLOGY IS PERMITTED ONLY UNDER OPTIONAL
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SUPPLEMENTS TO THIS LICENSE.
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III. RESEARCH USE RIGHTS
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A. From Original Contributor. Subject to and conditioned upon Your full
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compliance with the terms and conditions of this License, including Sections
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IV (Restrictions and Community Responsibilities) and V.E.7 (International
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Use), Original Contributor:
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1. grants to You a non-exclusive, worldwide and royalty-free license to the
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extent of Original Contributor's copyrights and trade secret rights in and
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covering the Reference Code and Technology Specifications to do the following
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for Your Research Use only:
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a) reproduce, prepare derivative works of, display and perform the Reference
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Code, in whole or in part, alone or as part of Covered Code;
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b) reproduce, prepare derivative works of and display the Technology
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Specifications;
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c) distribute source or object code copies of Reference Code, in whole or in
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part, alone or as part Covered Code, to other Community Members or to
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students; and
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d) distribute object code copies of Reference Code, in whole or in part, alone
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or as part of object code copies of Covered Code, to third parties.
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2. will not, during the term of Your License, bring against You any claim
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alleging that Your using, making, having made, importing or distributing
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Community Code for Your Research Use, insofar as permitted under Section
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III.A.1 of this License, necessarily infringes any patent now owned or
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hereafter acquired by Original Contributor whose claims cover subject matter
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contained in or embodied by the Reference Code or which would necessarily be
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infringed by the use or distribution of any and all implementations of the
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Technology Specifications.
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3. grants to You a non-exclusive, worldwide and royalty-free license, to the
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extent of its intellectual property rights therein, to use (a) Original
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Contributor's class, interface and package names only insofar as necessary to
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accurately reference or invoke Your Modifications for Research Use, and (b)
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any associated software tools, documents and information provided by Original
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Contributor at the Technology Site for use in exercising the above license
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rights.
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B. Contributed Code. Subject to and conditioned upon compliance with the terms
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and conditions of this License, including Sections IV (Restrictions and
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Community Responsibilities) and V.E.7 (International Use), each Community
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Member:
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1. grants to each Community Member a non-exclusive, worldwide and royalty-free
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license to the extent of such Community Member's copyrights and trade secret
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rights in and covering its Contributed Code, to reproduce, modify, display and
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distribute Contributed Code, in whole or in part, in source code and object
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code form, to the same extent as permitted under such Community Member's
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License with Original Contributor (including all supplements thereto).
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2. will not, during the term of the Community Member's License, bring against
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any Community Member any claim alleging that using, making, having made,
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importing or distributing Contributed Code as permitted under this License
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(including any supplements) infringes any patents or patent applications now
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owned or hereafter acquired by such Community Member which patents or patent
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applications are infringed by using, making, having made, selling, offering
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for sale, importing or otherwise transferring the Contributed Code ("Community
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Member Patents"). This covenant shall apply to the combination of the
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Contributed Code with other Covered Code if, at the time the Contributed Code
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is posted, such addition of the Contributed Code causes such combination to be
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covered by the Community Member Patents. The covenant shall not apply to any
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other combinations which include the Contributed Code or to the use or
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distribution of modified Contributed Code where the modifications made by the
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! Community Member add to the functions performed by the Contributed Code in
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question and where, in the absence of such modifications, there would be no
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infringement of a Community Member Patent.
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3. grants to Original Contributor, in addition to the rights set forth in
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Sections III.B.1 and III.B.2, the right to sublicense all such rights in
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Contributed Code, in whole or in part, as part of Reference Code or other
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technologies based in whole or in part on Reference Code or Technology and to
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copy, distribute, modify and prepare derivative works of Contributed Code
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Specifications, in whole or in part, in connection with the exercise of such
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rights.
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C. Subcontracting. You may provide Covered Code to a contractor for the sole
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purpose of providing development services exclusively to You consistent with
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Your rights under this License. Such Contractor must be a Community Member or
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have executed an agreement with You that is consistent with Your rights and
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obligations under this License. Such subcontractor must assign exclusive
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rights in all work product to You. You agree that such work product is to be
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treated as Covered Code.
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D. No Implied Licenses. Neither party is granted any right or license other
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than the licenses and covenants expressly set out herein. Other than the
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licenses and covenants expressly set out herein, Original Contributor retains
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all right, title and interest in Reference Code and Technology Specifications
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and You retain all right, title and interest in Your Modifications and
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associated specifications. Except as expressly permitted herein, You must not
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otherwise use any package, class or interface naming conventions that appear
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to originate from Original Contributor.
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IV. RESTRICTIONS AND COMMUNITY RESPONSIBILITIES
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As a condition to Your license and other rights and immunities, You must
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comply with the restrictions and responsibilities set forth below, as modified
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or supplemented, if at all, in Attachment B, Additional Research Use Terms and
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Conditions.
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A. Source Code Availability. You must provide source code and any
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specifications for Your Error Corrections to Original Contributor as soon as
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practicable. You may provide other Contributed Code to Original Contributor at
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any time, in Your discretion. Original Contributor may, in its discretion,
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post Your Contributed Code and Contributed Code Specifications on the
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Technology Site. You may post Your Contributed Code and/or Contributed Code
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Specifications on another website of Your choice; provided, source code of
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Community Code and Technology Specifications must be provided to Community
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Members only and only following certification of Community Member status as
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required under Section IV.D.
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B. Notices. You must reproduce without alteration copyright and other
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proprietary notices in any Covered Code that You distribute. The statement,
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"Use and Distribution is subject to the Sun Community Source License available
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at http://sun.com/software/communitysource" must appear prominently in Your
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Modifications and, in all cases, in the same file as all Your copyright and
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other proprietary notices.
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C. Modifications. You must include a diff file with Your Contributed Code that
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identifies and details the changes or additions You made, the version of
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Reference Code or Contributed Code You used and the date of such changes or
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additions. In addition, You must provide any Contributed Code Specifications
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for Your Contributed Code. Your Modifications are Covered Code and You
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expressly agree that use and distribution, in whole or in part, of Your
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Modifications shall only be done in accordance with and subject to this
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License.
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D. Distribution Requirements. You may distribute object code of Covered Code
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to third parties for Research Use only pursuant to a license of Your choice
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which is consistent with this License. You may distribute source code of
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Covered Code and the Technology Specifications for Research Use only to (i)
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Community Members from whom You have first obtained a certification of status
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in the form set forth in Attachment A-1, and (ii) students from whom You have
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first obtained an executed acknowledgment in the form set forth in Attachment
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A-2. You must keep a copy of each such certificate and acknowledgment You
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obtain and provide a copy to Original Contributor, if requested.
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E. Extensions.
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1. You may create and add Interfaces but, unless expressly permitted at the
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Technology Site, You must not incorporate any Reference Code in Your
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Interfaces. If You choose to disclose or permit disclosure of Your Interfaces
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to even a single third party for the purposes of enabling such third party to
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independently develop and distribute (directly or indirectly) technology which
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invokes such Interfaces, You must then make the Interfaces open by (a)
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promptly following completion thereof, publishing to the industry, on a
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non-confidential basis and free of all copyright restrictions, a reasonably
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detailed, current and accurate specification for the Interfaces, and (b) as
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soon as reasonably possible, but in no event more than thirty (30) days
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following publication of Your specification, making available on reasonable
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terms and without discrimination, a reasonably complete and practicable test
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suite and methodology adequate to create and test implementations of the
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Interfaces by a reasonably skilled technologist.
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2. You shall not assert any intellectual property rights You may have covering
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Your Interfaces which would necessarily be infringed by the creation, use or
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distribution of all reasonable independent implementations of Your
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specification of such Interfaces by a Community Member or Original
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Contributor. Nothing herein is intended to prevent You from enforcing any of
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Your intellectual property rights covering Your specific implementation of
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Your Interfaces or functionality using such Interfaces other than as
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specifically set forth in this Section IV.E.2.
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V. GOVERNANCE.
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A. License Versions.
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Only Original Contributor may promulgate new versions of this License. Once
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You have accepted Reference Code, Technology Specifications, Contributed Code
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and/or Contributed Code Specifications under a version of this License, You
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may continue to use such version of Reference Code, Technology Specifications,
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Contributed Code and/or Contributed Code Specifications under that version of
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the License. New code and specifications which You may subsequently choose to
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accept will be subject to any new License in effect at the time of Your
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acceptance of such code and specifications.
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B. Disclaimer Of Warranties.
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1. COVERED CODE, ALL TECHNOLOGY SPECIFICATIONS AND CONTRIBUTED CODE
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SPECIFICATIONS ARE PROVIDED "AS IS", WITHOUT WARRANTIES OF ANY KIND, EITHER
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EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT ANY SUCH
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COVERED CODE, TECHNOLOGY SPECIFICATIONS AND CONTRIBUTED CODE SPECIFICATIONS
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ARE FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
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NON-INFRINGING OF THIRD PARTY RIGHTS. YOU AGREE THAT YOU BEAR THE ENTIRE RISK
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IN CONNECTION WITH YOUR USE AND DISTRIBUTION OF ANY AND ALL COVERED CODE,
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TECHNOLOGY SPECIFICATIONS AND CONTRIBUTED CODE SPECIFICATIONS UNDER THIS
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LICENSE. NO USE OF ANY COVERED CODE, TECHNOLOGY SPECIFICATIONS OR CONTRIBUTED
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CODE SPECIFICATIONS IS AUTHORIZED EXCEPT SUBJECT TO AND IN CONSIDERATION FOR
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THIS DISCLAIMER.
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2. You understand that, although each Community Member grants the licenses set
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forth in the License and any supplements hereto, no assurances are provided by
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any Community Member that Covered Code or any specifications do not infringe
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the intellectual property rights of any third party.
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3. You acknowledge that Reference Code and Technology Specifications are
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neither designed nor intended for use in the design, construction, operation
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or maintenance of any nuclear facility.
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C. Limitation Of Liability.
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1. Infringement. Each Community Member disclaims any liability to all other
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Community Members for claims brought by any third party based on infringement
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of intellectual property rights. Original Contributor represents that, to its
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knowledge, it has sufficient copyrights to allow You to use and distribute the
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Reference Code as herein permitted (including as permitted in any Supplement
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hereto) and You represent that, to Your knowledge, You have sufficient
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copyrights to allow each Community Member and Original Contributor to use and
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distribute Your Shared Modifications and Error Corrections as herein permitted
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(including as permitted in any supplements to the License). You agree to
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notify Original Contributor should You become aware of any potential or actual
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infringement of the Technology or any of Original Contributor's intellectual
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property rights in the Technology, Reference Code or Technology
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Specifications.
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2. Suspension. If any portion of, or functionality implemented by, the
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Reference Code, Technology or Technology Specifications becomes the subject of
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a claim or threatened claim of infringement ("Affected Materials"), Original
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Contributor may, in its unrestricted discretion, suspend Your rights to use
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and distribute the Affected Materials under this License. Such suspension of
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rights will be effective immediately upon Original Contributor's posting of
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notice of suspension on the Technology Site. Original Contributor has no
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obligation to lift the suspension of rights relative to the Affected Materials
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until a final, non-appealable determination is made by a court or governmental
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agency of competent jurisdiction that Original Contributor is legally able,
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without the payment of a fee or royalty, to reinstate Your rights to the
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Affected Materials to the full extent contemplated hereunder. Upon such
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determination, Original Contributor will lift the suspension by posting a
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notice to such effect on the Technology Site. Nothing herein shall be
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construed to prevent You, at Your option and expense, and subject to
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applicable law and the restrictions and responsibilities set forth in this
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License and any Supplements, from replacing Reference Code in Affected
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Materials with non-infringing code or independently negotiating, without
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compromising or prejudicing Original Contributor's position, to obtain the
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rights necessary to use Affected Materials as herein permitted.
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3. Disclaimer. ORIGINAL CONTRIBUTOR'S LIABILITY TO YOU FOR ALL CLAIMS RELATING
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TO THIS LICENSE OR ANY SUPPLEMENT HERETO, WHETHER FOR BREACH OR TORT, IS
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LIMITED TO THE GREATER OF ONE THOUSAND DOLLARS (US$1000.00) OR THE FULL AMOUNT
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PAID BY YOU FOR THE MATERIALS GIVING RISE TO THE CLAIM, IF ANY. IN NO EVENT
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WILL ORIGINAL CONTRIBUTOR BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL,
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INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS
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LICENSE (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE, DATA OR ECONOMIC
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ADVANTAGE OF ANY SORT), HOWEVER IT ARISES AND ON ANY THEORY OF LIABILITY
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(including negligence), WHETHER OR NOT ORIGINAL CONTRIBUTOR HAS BEEN ADVISED
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OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING FAILURE OF THE ESSENTIAL
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PURPOSE OF ANY REMEDY.
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D. Termination.
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You may terminate this License at any time by notifying Original Contributor
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in writing.
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All Your rights will terminate under this License if You fail to comply with
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any of the material terms or conditions of this License and do not cure such
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failure in a reasonable period of time after becoming aware of such
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noncompliance.
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If You institute patent litigation against a Community Member with respect to
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a patent applicable to Community Code, then any patent licenses or covenants
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granted by such Community Member to You under this License shall terminate as
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of the date such litigation is filed. In addition, if You institute patent
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litigation against any Community Member or Original Contributor alleging that
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Reference Code, Technology or Technology Specifications infringe Your
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patent(s), then the rights granted to You under Section III.A above will
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terminate.
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Upon termination, You must discontinue all uses and distribution of Community
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Code, except that You may continue to use, reproduce, prepare derivative works
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of, display and perform Your Modifications, so long as the license grants and
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covenants of this license are not required to do so, for purposes other than
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to implement functionality designated in any portion of the Technology
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Specifications. Properly granted sublicenses to third parties will survive
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termination. Provisions which, by their nature, should remain in effect
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following termination survive.
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E. Miscellaneous.
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1. Trademark. You agree to comply with Original Contributors Trademark & Logo
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Usage Requirements, as modified from time to time, available at the Technology
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Site. Except as expressly provided in this License, You are granted no rights
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in or to any Sun, Jini, Jiro or Java trademarks now or hereafter used or
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licensed by Original Contributor (the "Sun Trademarks"). You agree not to (a)
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challenge Original Contributor's ownership or use of Sun Trademarks; (b)
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attempt to register any Sun Trademarks, or any mark or logo substantially
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similar thereto; or (c) incorporate any Sun Trademarks into Your own
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trademarks, product names, service marks, company names or domain names.
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2. Integration and Assignment. Original Contributor may assign this Research
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Use License to another by written notification to the other party. This
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License represents the complete agreement of the parties concerning the
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subject matter hereof.
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3. Severability. If any provision of this License is held unenforceable, such
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provision shall be reformed to the extent necessary to make it enforceable
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unless to do so would defeat the intent of the parties, in which case, this
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License shall terminate.
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4. Governing Law. This License is governed by the laws of the United States
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and the State of California, as applied to contracts entered into and
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performed in California between California residents. The United Nations
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Convention on Contracts for the International Sale of Goods shall not apply.
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Nor shall any law or regulation which provides that a contract be construed
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against the drafter.
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5. Dispute Resolution.
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a) Any dispute arising out of or relating to this License shall be finally
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settled by arbitration as set forth in this Section, except that either party
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may bring an action in a court of competent jurisdiction (which jurisdiction
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shall be exclusive), relative to any dispute relating to such party's
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intellectual property rights. Arbitration will be administered (i) by the
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American Arbitration Association (AAA), (ii) in accordance with the rules of
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the United Nations Commission on International Trade Law (UNCITRAL) (the
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"Rules") in effect at the time of arbitration, modified as set forth herein,
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and (iii) by an arbitrator described in Section 5.b who shall apply the
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governing laws required under Section V.E.4 above. Judgment upon the award
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rendered by the arbitrator may be entered in any court having jurisdiction to
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enforce such award. The arbitrator must not award damages in excess of or of a
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different type than those permitted by this License and any such award is
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void.
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b) All proceedings will be in English and conducted by a single arbitrator
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selected in accordance with the Rules who is fluent in English, familiar with
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technology matters pertinent in the dispute and is either a retired judge or
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practicing attorney having at least ten (10) years litigation experience.
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Venue for arbitration will be in San Francisco, California, unless the parties
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agree otherwise. Each party will be required to produce documents relied upon
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in the arbitration and to respond to no more than twenty-five single question
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interrogatories. All awards are payable in US dollars and may include for the
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prevailing party (i) pre-judgment interest, (ii) reasonable attorneys' fees
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incurred in connection with the arbitration, and (iii) reasonable costs and
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expenses incurred in enforcing the award.
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6. U.S. Government. If this Software is being acquired by or on behalf of the
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U.S. Government or by a U.S. Government prime contractor or subcontractor (at
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any tier), the Government's rights in this Software and accompanying
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documentation shall be only as set forth in this license, in accordance with
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48 CFR 227.7201 through 227.7202-4 (for Department of Defense acquisitions)
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and with 48 CFR 2.101 and 12.212 (for non-DoD acquisitions).
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7. International Use.
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(a) Covered Code is subject to US export control laws and may be subject to
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export or import regulations in other countries. Each party shall comply fully
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with all such laws and regulations and acknowledges its responsibility to
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obtain such licenses to export, re-export or import as may be required. You
|
|
must pass through these obligations to all Your licensees.
|
|
(b) You must not distribute Reference Code or Technology Specifications into
|
|
countries other than those listed on the Technology Site by Original
|
|
Contributor, from time to time.
|
|
|
|
READ ALL THE TERMS OF THIS LICENSE CAREFULLY BEFORE ACCEPTING.
|
|
IF YOU ARE AGREEING TO THIS LICENSE ON BEHALF OF A COMPANY, YOU REPRESENT THAT
|
|
YOU ARE AUTHORIZED TO BIND THE COMPANY TO THE LICENSE.
|
|
|
|
WHETHER YOU ARE ACTING ON YOUR OWN BEHALF OR THAT OF A COMPANY, YOU MUST BE OF
|
|
MAJORITY AGE AND OTHERWISE COMPETENT TO ENTER INTO CONTRACTS.
|
|
|
|
ATTACHMENT A-1
|
|
COMMUNITY MEMBER CERTIFICATE
|
|
|
|
You certify that You are a Licensee in good standing under the Sun Community
|
|
Source License for the ____________ Technology (fill in applicable Technology
|
|
and Version) (the "License") and that You agree to use and distribute code,
|
|
documentation and information You may obtain pursuant to this certification
|
|
only in accordance with the terms and subject to the conditions of the
|
|
License.
|
|
|
|
Signature:____________________
|
|
|
|
Printed Name and Title:_____________________
|
|
|
|
Company _____________________
|
|
|
|
ATTACHMENT A-2
|
|
STUDENT ACKNOWLEDGMENT
|
|
|
|
You acknowledge that this software and related documentation has been obtained
|
|
by your educational institution subject to the Sun Community Source License
|
|
(the "License"). You have been provided with access to the software and
|
|
documentation for use only in connection with your course work as a
|
|
matriculated student of your educational institution. Commercial use of the
|
|
software and documentation is expressly prohibited.
|
|
|
|
THIS SOFTWARE AND RELATED DOCUMENTATION CONTAINS PROPRIETARY MATERIALS OF SUN
|
|
MICROSYSTEMS, INC. PROTECTED BY VARIOUS INTELLECTUAL PROPERTY RIGHTS. YOUR USE
|
|
OF THE SOFTWARE AND DOCUMENTATION IS LIMITED.
|
|
|
|
Signature:____________________
|
|
|
|
Printed Name :_____________________
|
|
|
|
|
|
ATTACHMENT B (ADDITIONAL TERMS/RESPONSIBILITIES): NONE
|
|
|
|
COMMERCIAL USE SUPPLEMENT TO SUN COMMUNITY SOURCE CODE LICENSE
|
|
GENERAL TERMS
|
|
|
|
I. PURPOSE AND EFFECT.
|
|
|
|
This Commercial Use Supplement General Terms ("CUSupp") is required for
|
|
Commercial Use of Covered Code and, once signed by You and Original
|
|
Contributor, is operative for all Technologies specified in all Technology
|
|
Specific Attachment(s) hereto. The rights and responsibilities set forth in
|
|
this CUSupp are additional to those in Your License.
|
|
|
|
II. DEFINITIONS.
|
|
|
|
"Commercial Use" means uses and distributions of Covered Code for any direct
|
|
or indirect commercial or strategic gain or advantage.
|
|
|
|
"Compliant Implementation" means Covered Code that fully implements the
|
|
Technology Specifications and complies with Sun's requirements.
|
|
|
|
"Compliance Materials" means the test programs, guides, documentation and
|
|
other materials identified in the Technology-Specific Attachment(s) for use in
|
|
establishing that Covered Code is a Compliant Implementation.
|
|
|
|
"Technology-Specific Attachment(s)" means an attachment or attachments to this
|
|
CUSupp which contains terms and conditions specific to the Technology therein
|
|
identified as well as the specifics of the Compliance Materials and
|
|
requirements for such Technology.
|
|
|
|
III. COMMERCIAL USE RIGHTS.
|
|
|
|
A. Commercial Use. Subject to and conditioned upon Your compliance with the
|
|
terms and conditions of Your Research Use license and the additional terms and
|
|
conditions set forth in this CUSupp and associated Technology-Specific
|
|
Attachment(s), including the provisions of Section IV, below, Original
|
|
Contributor hereby adds to those rights enumerated under Section III.A.1 of
|
|
the Research Use license the rights to, within the specified Field of Use
|
|
denoted in the Technology Specific Attachment:
|
|
|
|
e) use the Compliance Materials to determine whether Covered Code constitutes
|
|
a Compliant Implementation;
|
|
f) use, reproduce, display, perform and distribute internally source and
|
|
object code copies of Compliant Implementations for Commercial Use;
|
|
g) reproduce and distribute to third parties and Community Members through
|
|
multiple tiers of distribution object code copies of Compliant Implementations
|
|
for Commercial Use;
|
|
h) reproduce and distribute the source code of Compliant Implementations to
|
|
Community Members licensed for Commercial Use of the same Technology; and
|
|
i) reproduce and distribute a copy of the Technology Specifications (which may
|
|
be reformatted, but must remain substantively unchanged) with Compliant
|
|
Implementations for Commercial Use.
|
|
|
|
B. Covenant. In addition, Original Contributor's covenant under Section
|
|
III.A.2 is hereby expanded to include Your using, making, having made,
|
|
selling, importing and distributing Compliant Implementations for Commercial
|
|
Use insofar as permitted above.
|
|
|
|
IV. ADDITIONAL REQUIREMENTS AND COMMUNITY RESPONSIBILITIES.
|
|
|
|
As a condition to the Commercial Use rights granted above, You must comply
|
|
with the following restrictions and community responsibilities (in addition to
|
|
those in the License):
|
|
|
|
F. Certification. You may distribute source code of Compliant Implementations
|
|
for Commercial Use only to Community Members from whom You have first obtained
|
|
a certification of status in the form set forth in Attachment A-1. You must
|
|
keep a copy of each such certificate and acknowledgment You obtain and provide
|
|
a copy to Original Contributor, if requested.
|
|
|
|
G. Compliance Materials. Depending on the Technology licensed, Your access to
|
|
and use of the Compliance Materials may be subject to additional requirements
|
|
such as entering into a support agreement and trademark license. Such
|
|
additional requirements, if any, are as set out in the Technology-Specific
|
|
Attachment. You agree to comply fully with all such applicable requirements.
|
|
|
|
H. Compatibility. Only Compliant Implementations may be used and distributed
|
|
for Commercial Use.
|
|
|
|
I. Commercial Distribution Requirement. You may distribute object code copies
|
|
for Commercial Use as herein contemplated under a license agreement of Your
|
|
choice which is consistent with Your rights and obligations under the License
|
|
and this CUSupp. You may provide warranties, indemnities and/or other
|
|
additional terms and conditions in Your license agreements, provided that it
|
|
is clear that such additional terms and conditions are offered by You only.
|
|
You hereby agree to hold each Community Member harmless and indemnify them
|
|
against any liability arising in connection with such terms and conditions.
|
|
You will pay all damages, costs and fees awarded by a court or arbitrator
|
|
having jurisdiction over the matter or any settlement amount negotiated by You
|
|
and attributable to such claim.
|
|
|
|
J. End User License Terms. You must include the following terms and conditions
|
|
in end user license agreements accompanying copies of Compliant
|
|
Implementations distributed for Commercial User hereunder:
|
|
|
|
1. Software contains copyrighted information of Sun Microsystems, Inc. and
|
|
title is retained by Sun.
|
|
|
|
2. Use, duplication or disclosure by the United States government is subject
|
|
to the restrictions set forth in the Rights in Technical Data and Computer
|
|
Software clauses in DFARS 252.227-701(c)(1)(ii) and FAR 52.227-19(c)(2) as
|
|
applicable.
|
|
|
|
K. Defense. Original Contributor will have the right, but not the obligation,
|
|
to defend You, at Original Contributor's expense, in connection with a claim
|
|
that Your Commercial Use of Reference Code is an infringement of a third
|
|
party's intellectual property rights, in which case You agree to cooperate
|
|
with Original Contributor and Original Contributor will pay all damages costs
|
|
and fees awarded by a court or tribunal of competent jurisdiction, or such
|
|
settlement amount negotiated by Original Contributor and attributable to such
|
|
claim.
|
|
|
|
L. Notice of Breach or Infringement. Each party shall notify the other
|
|
immediately in writing when it becomes aware of any breach or violation of the
|
|
terms of this License, or when You become aware of any potential or actual
|
|
infringement by a third party of the Technology or Sun's intellectual property
|
|
rights therein.
|
|
|
|
M. Proprietary Rights Notices. You must not remove any copyright notices,
|
|
trademark notices or other proprietary legends of Original Contributor or its
|
|
suppliers contained on or in the Covered Code, Technology Specifications and
|
|
Contributed Code Specifications.
|
|
|
|
N. Relationship. The relationship created is that of licensor and licensee
|
|
only. You hereby waive the benefit of any law or regulation dealing with the
|
|
establishment and regulation of franchises or agencies.
|
|
|
|
Agreed:
|
|
You Original Contributor
|
|
|
|
By: ______________________________
|
|
|
|
Name: ____________________________
|
|
|
|
Title: ___________________________
|
|
|
|
Date: ____________________________
|
|
|
|
By: ______________________________
|
|
|
|
Name: ____________________________
|
|
|
|
Title: ___________________________
|
|
|
|
Date: ____________________________
|
|
|
|
|
|
TECHNOLOGY SPECIFIC ATTACHMENT TO THE SUN COMMUNITY SOURCE LICENSE JINI
|
|
TECHNOLOGY CORE PLATFORM Version: 3.0/Jini TSA 1.0
|
|
|
|
1. Effect. This Technology Specific Attachment to the Commercial Use
|
|
Supplement applies to the Jini Technology Core Platform as described on the
|
|
Technology Site. The rights and responsibilities set forth in this Technology
|
|
Specific Attachment are additional to those in Your License and the CUSupp.
|
|
The term "License" hereinafter refers to the License, the CUSupp, and this
|
|
Technology Specific Attachment.
|
|
|
|
2. Additional Requirements and Responsibilities. In addition to the
|
|
requirements and responsibilities specified in the License, and as a condition
|
|
to exercising the rights granted therein, You agree to the following
|
|
additional requirements and responsibilities:
|
|
|
|
|
|
|
|
a) Distribution of Source Code. Source Code of a Compliant Implementation
|
|
authorized for distribution for Commercial Use may be distributed only to
|
|
another Commercial Use Licensee of the same Technology. You must include a
|
|
prominent notice with every copy of Source Code of Covered Code that You
|
|
distribute indicating that use is limited to Licensees in good standing and is
|
|
subject to the terms and conditions of this License. You may not offer or
|
|
impose any terms on any Source Code of Covered Code that alters the
|
|
recipient's rights, requirements, and responsibilities under the recipient's
|
|
License.
|
|
|
|
b) Upgraded Code. From time to time, Original Contributor may post Upgraded
|
|
Code to the community web-server described at the Technology Site. Upgraded
|
|
Code as used in this Section 2 means new versions of the Technology designated
|
|
by Original Contributor as an upgrade to the Technology at the Technology
|
|
Site. Wherever commercially and technically reasonable, You agree that each
|
|
release by You of a product comprising or incorporating a Compliant
|
|
Implementation will implement the most current Upgraded Code available no less
|
|
than one hundred and twenty (120) days prior to Your Commercial Use of such
|
|
Compliant Implementation. If you determine that it is not commercially or
|
|
technically reasonable to incorporate Upgraded Code as contemplated, You are
|
|
then not required to incorporate such Upgraded Code provided that, from the
|
|
date one hundred twenty (120) days after such Upgraded Code is first made
|
|
commercially available, You may not thereafter, for Commercial Use, distribute
|
|
any new Modifications or Interfaces, alone or integrated with Covered Code or
|
|
other code, unless and until such time as You incorporate the then-current
|
|
Upgraded Code and pass the associated TCK. You may, however make Error
|
|
Corrections and You may correct the adverse effect of a failure of Your
|
|
Modifications and Interfaces to perform their functions. It is Original
|
|
Contributor's intent to maintain compatibility between Covered Code and
|
|
Upgraded Code.
|
|
|
|
c) Additional Services. If you provide any services, in the form of interfaces
|
|
or otherwise, whose functions are substantially similar to those core services
|
|
whose Interfaces are provided under this License (the "Standard Service
|
|
Interfaces"), then You must also support the Standard Service Interfaces in
|
|
Your product or technology. In addition, You must support Standard Service
|
|
Interfaces associated with Upgraded Code in connection with Your Commercial
|
|
Use of Compliant Implementations in the same manner as required for Upgraded
|
|
Code under Section 2.b.
|
|
|
|
d) Branding. Compliant Implementations used for Commercial Use may, at Your
|
|
option, be branded with the Technology compliance logo under a separate
|
|
trademark license to be executed by You and Original Contributor concurrent
|
|
with execution of this Technology Specific Attachment.
|
|
|
|
|
|
3. Support Programs.
|
|
|
|
a) Support to You. Technical support is not provided to You by Original
|
|
Contributor under this License. You may obtain one or more support programs,
|
|
if available, from Original Contributor relating to the Technology which are
|
|
described on the Technology Site.
|
|
|
|
b) Customer Support. You are responsible for providing technical and
|
|
maintenance support services to Your customers for Your products and services
|
|
incorporating the Compliant Implementation.
|
|
|
|
4. Royalties and Payments.
|
|
|
|
Royalty per Unit $: None.
|
|
|
|
5. Compliance Materials; Use Restrictions.
|
|
|
|
Compliance Materials: Jini Technology Core Platform Compatibility Kit
|
|
|
|
|
|
|
|
a) The Compliance Materials for the Technology may be accessed at the
|
|
Technology Site.
|
|
|
|
b) You are not authorized to create derivative works of the Compliance
|
|
Materials or use the Compliance Materials to test any implementation of the
|
|
Technology Specifications that are not Covered Code. You shall only use the
|
|
Compliance Materials for purposes of verifying compatibility with the
|
|
Technology Specifications. You must not publish your test results or make
|
|
claims of comparative compatibility with respect to other implementations of
|
|
the Technology Specifications. In consideration for the license grant in
|
|
Section III.A of the CUSupp, You agree not to develop Your own tests which are
|
|
intended to validate conformance with the Technology Specifications.
|
|
|
|
c) Notwithstanding subsection 6.b above, You may use and modify the Source
|
|
Code of programming code contained in the Compliance Materials for the sole
|
|
purpose of creating error corrections or modifications to the Compliance
|
|
Materials to propose to Original Contributor for inclusion in the Compliance
|
|
Materials. You may not use such modified code for any other purpose including,
|
|
without limitation, in testing Covered Code pursuant to Section III.A. Any
|
|
changes to the Compliance Materials which you propose to Original Contributor
|
|
shall be subject to the license grant set forth in Section III.B.
|
|
|
|
6. Requirements for Determining Compliance.
|
|
|
|
a) Development Restrictions. A Compliant Implementation:
|
|
|
|
i. must fully comply with the Technology Specifications for the Technology to
|
|
which this Technology Specific Attachment applies; and
|
|
|
|
ii. must not modify or extend the required public class or public interface
|
|
declarations whose names begin with "java", "javax", "jini", "net.jini",
|
|
"sun.hotjava", "COM.sun" or their equivalents in any subsequent class,
|
|
interface and/or package naming convention adopted by Original Contributor. It
|
|
is specifically suggested that You name any new Java packages using the
|
|
"Unique Package Naming Convention" as described in "The Java Language
|
|
Specification" by James Gosling, Bill Joy, and Guy Steele, ISBN 0-201-63451-1,
|
|
August 1996. Section 7.7 "Unique Package Names", on pages 125 and 126 of this
|
|
specification says in part:
|
|
|
|
You form a unique package name by first having (or belonging to an
|
|
organization that has) an Internet domain name, such as "sun.com". You then
|
|
reverse the name, component by component, to obtain, in this example,
|
|
"com.sun" and use this as a prefix for your package names, using a convention
|
|
developed within your organization to further administer package names.
|
|
|
|
b) Covered Code. All Covered Code must constitute a Compliant Implementation
|
|
prior to any Commercial Use (other than pre-deployment testing), whether
|
|
originating with You or acquired through a third party. Successful
|
|
compatibility testing must be completed by You, or by a third party authorized
|
|
by Original Contributor to conduct such tests, using the most current version
|
|
of the applicable Compliance Materials available no less than one hundred and
|
|
twenty (120) days prior to Your Commercial Use. If You make any further
|
|
Modifications to any Covered Code previously determined to be a Compliant
|
|
Implementation, You must retest the new Covered Code to ensure that it
|
|
continues to be a Compliant Implementation. For this retest, You may use the
|
|
same version of the Compliance Materials as used originally or, at your
|
|
option, You may use a more current version of the Compliance Materials.
|
|
|
|
c) Test Results. Upon Original Contributor's written request, You agree to
|
|
provide to Original Contributor or the third party test facility, if
|
|
applicable, Your test results that demonstrate that Covered Code is a
|
|
Compliant Implementation, and that Original Contributor may publish or
|
|
otherwise distribute such test results.
|
|
|
|
Agreed:
|
|
You Original Contributor
|
|
|
|
By: ______________________________
|
|
|
|
Name: ____________________________
|
|
|
|
Title: ___________________________
|
|
|
|
Date: ____________________________
|
|
|
|
By: ______________________________
|
|
|
|
Name: ____________________________
|
|
|
|
Title: ___________________________
|
|
|
|
Date: ____________________________
|